Lawmaker calls position 'illegal alien lobbyist,' says that it should not be funded

Jan. 2, 2014

President Barack Obama / Cliff Owen / File / Associated Press

Written by

Chas Sisk

The Tennessean

:

U.S. Rep. Diane Black

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An obscure position in the Department of Homeland Security has triggered a nearly two-year battle between U.S. Rep. Diane Black and the administration of President Barack Obama.

Black, R-Gallatin, has been locked in a fight with U.S. Immigration and Customs Enforcement over the agency’s decision to hire a public advocate who would work with immigration groups and immigrants, including those charged with entering the country without documentation.

Black describes the office as an “illegal alien lobbyist,” invoking a term that some immigration advocates regard as offensive. She offers only one concrete example of the office intervening on behalf of a person who entered the country illegally but blames the Obama administration for stonewalling her attempts to gather more information on the program.

She also accuses Obama of flouting Congress by keeping the office open despite a ridershe helped push through last year that explicitly barred funding for it.

The issue is perhaps unusual for Black, given that Tennessee has not been a hotbed of immigration controversy. But the dispute has raised Black’s profile at a time when Washington is heading toward another major battle over immigration reform.

Black, who has represented the 6th Congressional District since 2011, also may have tapped into the widespread skepticism in Tennessee toward immigration. Polling shows that both Republican and Democratic voters in Tennessee generally believe immigrants drain the economy and public coffers.

Program has defenders

An ICE spokeswoman did not respond to requests to discuss the office. But outside the agency, the public advocate program has plenty of defenders. They say public advocates in Washington and in field offices around the country have improved relations with immigrant communities by working with nonprofits and taking inquiries — from citizens, documented immigrants and undocumented immigrants alike.

“It’s unfortunate that Representative Black is spinning her wheels by micromanaging ICE’s internal hiring decisions,” said Stephen Fotopulos, executive director for the Tennessee Immigrant and Refugee Rights Coalition. “Her job is to make common-sense laws, and she hasn’t lifted a single finger to fix our broken immigration system and eliminate the actual need for a public advocate.”

But many critics have tied the program to Obama’s efforts to shift U.S. immigration policy, especially ICE’s announcement in 2011 that it would use “prosecutorial discretion” to avoid deportation proceedings in many cases involving immigrants whose only violations were of civil immigration laws. Several conservative news outlets have called for its closing.

Under Obama, deportations rose to more than 400,000 a year, though they dipped 10 percent from their peak to 368,644 people last year.

The dispute began in February 2012, with ICE’s announcement that it had appointed Andrew Lorezen-Strait, a policy analyst and attorney with the agency, as its first-ever public advocate. Critics, including Black, lambasted the announcement immediately, describing it as a waste of taxpayer money that would benefit only those who have immigrated illegally.

The issue might have died down soon afterward, but Black has held onto it tenaciously. In March, Congress approved an emergency spending bill that included an amendment sponsored by Black that stripped funding for the office.

Obama signed the bill, but over the summer, ICE renamed the position and left Lorezen-Strait in charge. Black has asked the agency to turn over records related to the decision, a request she says has been ignored. Last month, she introduced a bill intended to force the office to close.

“Why should we as taxpayers be paying for (a program) for someone who is in this country illegally?” Black said. “I feel like there has been a skirting of the law.”

Black said she had not heard any complaints about the program from Tennesseans, but she suggested the public advocate’s office has advocated on behalf of undocumented immigrants elsewhere. To back that claim, her office released an internal report that an aide said had been sent to the office anonymously describing a situation in which the public advocate intervened in a case involving a legal immigrant who had lost his residency status after a criminal conviction.

Tom Flanagin, a spokesman for Black, said the congresswoman hopes to learn more about the public advocate’s role, including whether it is involved in more such cases, through its records request.

Tough line

Black is not an obvious candidate to lead a fight over immigration policy. An estimated 140,000 undocumented immigrants live in Tennessee, according to the Pew Hispanic Center. While that would represent about 2 percent of the population, the state ranks far behind hotspots such as Texas, Arizona, California and Florida — and also behind second-tier destinations such as Georgia, North Carolina and Virginia.

Anti-immigration sentiment is higher among tea party supporters and Republicans — the voters Black is most likely to need to defend her seat in this year’s elections. But even a majority of Democrats and independents share this unfavorable view of immigrants.

Black said she took an interest in the program because it struck her as an improper use of public money.

“It’s taxpayer dollars,” she said. “The people in my district are concerned about how their dollars are being spent.”

Backers of the office, however, say it has been misunderstood.

“In a police department, you always have a community outreach function,” said Brittney Nystrom, director of advocacy for Lutheran Immigration and Refugee Service, a national organization that works with immigrant groups. “I think there’s a lot of misinformation out there about what this office does. This is not a novel idea. Police departments all over the country do this.”

Unfavorable toward immigration

Which of the following two statements comes closer to your own views, even if neither is exactly right:

Registered voters

Democrats

Independents

Republicans

Tea Party

Today, immigrants strengthen our country because of their hard work and talents

36%

45%

39%

28%

20%

Today, immigrants are a burden on our country because they take our jobs and use up our tax dollars

61%

51%

58%

69%

75%

Don’t know

3%

4%

2%

3%

5%

Note: Numbers may not add to 100% because of rounding.Source: Vanderbilt University Center for the Study of Democratic Institutions, Nov. 2013 poll